Patna High Court - Orders
Phool Chand Mandal vs The State Of Bihar & Ors on 11 July, 2016
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23096 of 2013
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Phool Chand Mandal S/O Late Ramjee Mandal, Resident of Village-
Baghwa, Mauza, Koili Simra, P.S- Rupouli, District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Purnea, District- Purnea.
3. The Sub- Divisional Officer, Dhamdaha, District- Purnea.
4. The Deputy Collector Land Reforms, Dhamdaha, District- Purnea.
5. The Circle Officer, Rupauli, Block- Rupauli, District- Purnea.
6. Umesh Mandal S/O Late Rameshwar Mandal, Resident of Baghwa
Mauza, Koili Simra, P.S- Rupouli, District- Purnea.
7. Mahesh Mandal S/O Late Rameshwar Mandal, Resident of Baghwa
Mauza, Koili Simra, P.S- Rupouli, District- Purnea.
8. Karu Mandal S/O Naina Lal Mandal, Resident of Baghwa Mauza, Koili
Simra, P.S- Rupouli, District- Purnea.
9. Bishundeo Sah S/O Late Anuruddh Sah, Resident of Baghwa Mauza,
Koili Simra, P.S- Rupouli, District- Purnea.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha
For the Respondent No.1 to 5 : Dr. Anshuman, SC-14
Mr. Kuber Pathak, AC to SC-14
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
4 11-07-2016Heard the parties.
The petitioner has filed the present writ petition under Article 226 of the Constitution of India raising a grievance that the order passed by the District Collector, Purnea in Revenue Miscellaneous Case No. 68 of 2011, as contained in Annexure-3 to the writ petition, is not being implemented by the authorities concerned. Hence, appropriate direction may be issued for its implementation.
The learned counsel, appearing on behalf of the petitioner, submits that originally the petitioner was granted homestead parcha with respect to the lands in question, fully Patna High Court CWJC No.23096 of 2013 (4) dt.11-07-2016 2/3 detailed in paragraph-4 of the writ petition. However, copy of homestead parcha has not been brought on the record. The learned counsel appearing on behalf of the petitioner is not in a position to produce even the copy the parcha for perusal of the Court.
In compliance of the order dated 22.12.2015, a counter- affidavit has been filed on behalf of the respondent no. 1 to 5, a copy of which was served upon the learned counsel for the petitioner on 25.04.2016 itself. Despite indulgence granted by this Court by order dated 27.04.2016, no rejoinder affidavit has been filed on behalf of the petitioner to controvert the averments made in the aforesaid counter-affidavit filed on behalf of the respondent no. 1 to 5.
The learned SC-14 appearing on behalf of the respondent no. 1 to 5, by referring to the averments made in the aforesaid counter-affidavit, submits that the validity or otherwise of issuance of Basgit parcha in favour of the petitioner is still pending before the District Collector, Purnea in terms of Section 21 of The Bihar Privileged Persons Homestead Tenancy Act, 1947. According to him, the private respondents have raised a grievance before the District Collector, Purnea that, in fact, at no point of time any proceeding was started for grant of Basgit parcha in favour of the petitioner and, therefore, the aforesaid Basgit parcha cannot be implemented. He next submits that the entire matter is still under consideration before the District Collector, Purnea in Case No. 5 of 2014, in which the present petitioner is also a party.
In view of the fact that the entire matter relating to issuance of Basgit parcha in favour of the petitioner is still sub- judice before the District Collector, Purnea, this Court is of the Patna High Court CWJC No.23096 of 2013 (4) dt.11-07-2016 3/3 opinion that all the issues raised by the petitioner in the present proceeding, should be raised by him before the District Collector, Purnea in the aforesaid Case No. 5 of 2014.
It goes without saying that if the petitioner appears before the District Collector, Purnea in the aforesaid pending case, then his grievances shall be considered by the District Collector, Purnea appropriately and he shall pass appropriate final order expeditiously strictly in accordance with law.
The writ petition stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J) BTiwary/-
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